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Hepcat

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  1. With all due respect, you missed the part that says I won the motion hearing. The judge ruled in my favor. It was ruled on before I entered mediation. And they were the exact same interrogatories that were sent to birrch0. I filed a separate Motion to Compel because P&P was refusing to respond to the interrogatories I sent them. That Motion was not ruled on because the plaintiff agreed to dismiss with prejudice before it became necessary.
  2. I don't know about that...I virtually refused to answer the interrogatories. I responded, but refused to provide answers based on their failure to provide evidence that the account was mine. They filed a "Motion for more responsive answers" as a result. I filed an objection to the motion and won.
  3. birrch0 - I'll be going to PM with info, OK? I'll be happy to pass along everything that was passed along to me.
  4. Thanks everyone! Yesterday I was on cloud 9, today I can't believe I pulled it off. Maybe I should take up poker after all! But the thing is, I KNEW I was in the right and I KNEW where I stood. That is what enabled me to maintain my composure. When you add to that a background in theater and a long history in Sales, I know how to use my voice to my advantage. I never once raised my voice, but I don't usually need to. My voice carries for miles. The mediator complimented me on that. When I was younger, I used to make fun of my Dad because he would practice his presentation speeches for work at home. It drove me nuts. But I learned how important it can be. I had played out this scenario over and over in my head and I KNEW I could do it and I KNEW what I needed to say. Thank goodness it worked! Moments1: I had my notes and was ready for trial. At the bottom of the page in huge, bold letters was the reminder: "NO WITNESS, NO CASE!" With that in mind, I never hesitated. servedtoday: Yes, this was my trial proceeding. There was also a motion hearing on the schedule, which the Plaintiff lost. They had filed a motion for more responsive answers to their interrogatories, which I challenged. Felt good to know I beat them on a motion AND got the win without ever appearing before a judge. Methuss: You have no idea how hard I am laughing over your comment or why! I've been watching old A-Team episodes on Netflix quite a bit lately. Maybe I channeled my inner-Smith! usagi555: I hope I didn't channel THAT Hannibal.
  5. There is a reason the attorneys are always willing to sign or stamp a receipt for certified mail. If they don't, you can use it against them! In my case, everything was sent to me certified and standard. I did not get them all, but I was prepared to address that if it came up in court. I would not deny receiving any mailings - just point out that the local post office has severely cut back their hours (only open from 10-5 now!). I understand not being able to get to the post office, but you definitely can't afford to ignore it. Whatever they send, you need. Because if you don't see it, you can't be prepared to defend against it, or use it if there's a mistake.
  6. Sure does! As confident as I was about my case, there's always that nagging feeling that something could go wrong. The second that paper was signed (I made the attorney sign it first lol), I felt like a weight was off my shoulders and wanted to do a little victory dance!
  7. Update: I won. http://www.creditinfocenter.com/forums/there-lawyer-house/310137-dear-midland-i-win-i-win-i-win.html#post1125897 Thank you everyone!
  8. What a morning! Showed up at court at 8:45am. By 10:15 I had paperwork in hand stating "Dismissed with Prejudice." We never even made it to the judge. First, thank you to everyone on this forum. It is a wonderful resource and a place that certainly helps to set your mind at ease. It's always somewhat comforting to know you aren't alone. And while I am grateful to each person who responded to my thread, "Fighting Pressler & Pressler...Now What?", I am especially thankful for the input, advice, instructions and opinions offered by Patz and Moments1. I owe y'all a drink if the opportunity should ever arise. It's going to be asked, so here it is: I won by not rolling over. I responded to everything they sent/filed. My answer to the suit challenged the validity of the debt. My responses to their three interrogatories was the same. Basically "I can't respond, because I don't know anything about this and the plaintiff has not given me any information." It was a little more official in it's wording, but that was the thought behind the response. I challenged every motion they filed. I filed motions. I DID MY HOMEWORK. I was HONEST about my case. When we got into mediation, I would not budge, nor would I offer ANY information until they provided paperwork. I pointed out repeatedly that they had failed to provide any evidence or discovery of any kind. The attorney did pull out two pieces of paper, neither of which had a signature on them. Neither piece of paper even supported the case. All she had was a copy of the charge off and what was supposedly the last billing statement. I walked in there dressed professionally, confident and ready to fight. Before mediation the attorney of another plaintiff with a case today said to me "You don't look like the kind of guy I usually see here. I feel bad for her (meaning the attorney from P&P). You look like you're ready for a fight." The attorney left the room a couple of times to makes calls to her office. She didn't know what to do with me because I wouldn't budge. At one point while the attorney was out of the room I told the mediator I was surprised P&P even bothered to show up. But with five other cases on the docket all for Midland, they had nothing to lose. They were clearly hoping I wouldn't be there. After the first call the attorney said "My client has offered to grant a dismissal WITHOUT prejudice, so that if they can produce more paperwork later on..." I raised my hand and explained to her that was unacceptable and the ONLY outcome I would agree to was Dismissal WITH Prejudice. She wanted to ask a couple of other questions, which I refused to answer and made my counter offer: "You can agree to a motion to dismiss with prejudice in this room behind closed doors, or I can get in front of the judge and get the same result in public so the rest of your defendants can see how I do it. But the bottom line is, I am leaving here today with paperwork in hand that says Dismissed with Prejudice. The choice of how I get it is yours." She left the room, made a call and came back to sign the paperwork that clearly stated in very big letters "DISMISSED WITH PREJUDICE." Don't be afraid to fight. That's what they're counting on. If you fight, you can win. It's the only way!
  9. Looks like my request for an adjournment has been denied. Considering my reasoning for that was to provide P&P the opportunity to provide evidence, I don't view it as a bad thing. I'm ready...should be fun!
  10. It would be interesting to hear - I came across another P&P thread where there was no mention of admissions, either. I haven't been able to find the thread, but it was one of the things I noticed while reading it, after you mentioned it here. Part of me wonders if it's because they've had so many different "attorneys" handling the case. I put the quotation there because I don't believe all of the correspondence came from actual attorneys.
  11. Yeah...crazy, right? To me, they are ignoring the court's decision to schedule the motion hearing. I am dying to label it as "disrespectful" but don't want to get everyone up in arms!
  12. The reason I ask, is because they continue to send the same demand over and over for answers to the same three interrogatories, even though we have a motion hearing scheduled regarding their motion to compel. The court has not granted the motion. I thought calling them out on the repeated demand, even though the court has not granted their motion might be a good idea. I'm ready for court - but I can't let this latest demand go unanswered. I'll file my response to it again, but I want to word it a little more strongly, to highlight the fact that they aren't acknowledging that a motion hearing has been scheduled. I want to poke the nest without getting stung though. LOL
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